Opinion
369020
01-30-2024
People of Michigan v. Harley Elizabeth Feyerabend
LC No. 2020-010035-FC
Christopher M. Murray, Presiding Judge Mark J. Cavanagh, Anica Letica Judges
ORDER
On the Court's own motion pursuant to MCR 7.216(A)(7), we remand this matter to the trial court for the singular purpose of placing on the record why the sentence imposed was proportionate to the offense and the offender.
Here, the trial court provided little explanation for the sentence imposed, other than that the prior sentence was not appropriate, and that the current one was under certain undisclosed factors. Although the sentence is presumed proportionate, People v Posey, ___Mich __, __; __N.W.2d___ (2023) (Docket No. 162373); slip op at 37, in light of the evidence presented the court should articulate why this sentence is proportionate to the offense and the offender. People v Steanhouse, 500 Mich. 453, 459-460; 902 N.W.2d 327 (2017), quoting People v Milbourn, 435 Mich. 630, 636; 461 N.W.2d 1 (1990) ("whether the trial court abused its discretion by violating the 'principle of proportionality' . . . 'which requires sentences imposed by the trial court to be proportionate to the seriousness of the circumstances surrounding the offense and the offender.' "). To be clear, we are not suggesting that the within-guidelines sentence is not proportionate. We simply conclude that the record should be clarified as to why this sentence is proportionate to the offense and the offender. See People v Lampe, 327 Mich.App. 104, 126; 933 N.W.2d 314 (2019) (outlining proportionality factors) and People v Sharp, 192 Mich.App. 501, 505; 481 N.W.2d 773 (1992).
The trial court shall make a record explaining its sentencing decision within 35 days of the Clerk's certification of this order, either by written opinion or orally on the record, at the trial court's discretion. If a hearing is held, the trial court shall order a transcript of the hearing on remand to be prepared at public expense and filed within 21 days after completion of the proceedings. Defendant shall file a copy of any transcript or opinion containing the trial court's explanation with this Court within 7 days of its filing in the trial court.
The application for leave to appeal and motion to expedite remain pending.